100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0639
 
Introduced 1/25/2017, by Sen. William R. Haine
 
SYNOPSIS AS INTRODUCED:
 
  
720 ILCS 5/9-3.3  from Ch. 38, par. 9-3.3


     Amends the Criminal Code of 2012. Allows a drug-induced homicide prosecution when a person violates the law of another jurisdiction, which if the violation had been committed in this State could be charged under Section 401 of the Illinois Controlled Substances Act or Section 55 of the Methamphetamine Control and Community Protection Act, by unlawfully delivering a controlled substance to another, and any person's death is caused in this State by the injection, inhalation, absorption, or ingestion of any amount of that controlled substance. Provides that the bill may be referred to as the Evan Rushing Law.
  


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A BILL FOR
 

  
SB0639LRB100 05440 SLF 15451 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  


 
4    Section 1. This Act may be referred to as the Evan Rushing 
5Law.
 
6Section 5. The Criminal Code of 2012 is amended  by changing 
7Section 9-3.3 as follows:
 



8    (720 ILCS 5/9-3.3)  (from Ch. 38, par. 9-3.3)



9    Sec. 9-3.3. Drug-induced homicide. 

10    (a) A person commits drug-induced homicide when he or she 
11who violates Section
401 of
the Illinois Controlled Substances 
12Act or Section 55 of the Methamphetamine Control and Community 
13Protection Act by unlawfully delivering a controlled
substance 
14to another, and any person's death is caused by the injection,

15inhalation, absorption, or ingestion of any amount of that 
16controlled substance, commits the
offense of drug-induced 
17homicide.

18    (a-5) A person commits drug-induced homicide when he or she 
19violates the law of another jurisdiction, which if the 
20violation had been committed in this State could be charged 
21under Section 401 of the Illinois Controlled Substances Act or 
22Section 55 of the Methamphetamine Control and Community 
 
 
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1Protection Act, by unlawfully delivering a controlled 
2substance to another, and any person's death is caused in this 
3State by the injection, inhalation, absorption, or ingestion of 
4any amount of that controlled substance. 
5    (b) Sentence.  Drug-induced homicide is a Class X felony, 
6except: .

7        (1) (c) A person who commits drug-induced homicide by 
8    violating subsection (a)
or subsection (c) of Section 401 
9    of the Illinois Controlled Substances Act or Section 55 of 
10    the Methamphetamine Control and Community Protection Act

11    commits a Class X felony for which the
defendant shall in 
12    addition to a sentence authorized by law, be sentenced
to a 
13    term of imprisonment of not less than 15 years and not more 
14    than 30
years or an extended term of not less than 30 years 
15    and not more than 60 years.

16        (2) A person who commits drug-induced homicide by 
17    violating the law of another jurisdiction, which if the 
18    violation had been committed in this State could be charged 
19    under subsection (a) or subsection (c) of Section 401 of 
20    the Illinois Controlled Substances Act or Section 55 of the 
21    Methamphetamine Control and Community Protection Act, 
22    commits a Class X felony for which the defendant shall in 
23    addition to a sentence authorized by law, be sentenced to a 
24    term of imprisonment of not less than 15 years and not more 
25    than 30 years or an extended term of not less than 30 years 
26    and not more than 60 years. 
 
 
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1(Source: P.A. 97-191, eff. 7-22-11.)